6. According to SERAP, the use of the term 'African organization' in Article 4 of the Protocol and repeated in the Rules of Procedure of the Court represents a conscious choice to leave the use for the Court to decide. SERAP submits that: "unlike Article 4, Article 5 [of the Protocol] makes specific reference to 'African Intergovernmental organizations' which further goes to show that the drafters' intention in Article 4 was to have a generic category of 'organization' that is broad and allencompassing to include organizations like SERAP. In fact, the phrase 'African organization' is used throughout the Rules of Court, and there is nothing in the Rules to suggest that the words have any restrictive meaning". 7. On the merits, SERAP relies on a number of UN instruments and reports to es!-ablish a relationship between poverty and human rights. 8. SERAP refers to a World Bank report, published in 2013 1 which indicates that the actual number of people living in poverty across Africa has risen in recent times, despite the increasing discovery of wealth and natural resources in many African States. According to SERAP, while the report notes a marginal decline in the overall number of people living in extreme poverty, it also provides proof that Africa still has the highest poverty rate in the world, with 47.5 percent of the population living on US$ 1.25 a day, which accounts for 30 percent of the world's poor. 9. SERAP argues that in the final report of the ex-United Nations Human Rights Commission, titled Human Rights and Extreme Poverty, Leandro Despouy2 stated that poverty spreads and creates a vicious circle of poverty, noting that, the report speaks of extreme poverty as a state of severe deprivation of basic human needs, including food, safe drinking water, sanitation facilities, health, shelter, education and information, and that it "depended not only on income but also on access to social services". , See World Bank, 2013. 'Africa Development Indicators 2012/13'. (Washington, D.C: World Bank). Quoted by SERAP in ils submission received allhe Registry on 29 January, 2016. 2 Chairman of the United Nations Human Rights Commission, March 2001 - March 2002. Page 4 of 19

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